IRB Tumkur Chitradurga Tollway Limited vs National Highways Authority of India

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

DELHI HIGH COURT
V.KAMESWAR RAO
IRB Tumkur Chitradurga Tollway Limited – Appellant
Versus
National Highways Authority of India – Respondent

Table of Content
1. deferral of premium payment under contract. (Para 2 , 3 , 4)
2. revenue shortfall analysis and premium adjustments. (Para 5 , 6 , 7 , 10 , 11)
3. dispute over excess payment due to revenue shortfall. (Para 8 , 9 , 12)
4. respondent's obligations and liability to the government scheme. (Para 23 , 24 , 25 , 26 , 28 , 29)
5. arbitrability concerning the premium deferral scheme. (Para 80 , 81 , 84)

JUDGMENT

V. Kameswar Rao, J. The present petition has been filed by the petitioner under Section 9 of the Arbitration and Conciliation Act, 1996 (`Act of 1996', in short) with the following prayers:

"It is therefore humbly prayed that this Hon'ble Court may be pleased to:

A. Stay the operation and effect of the Letter dated 7th August, 2019 of the Respondent whereby the Respondent has purported to revoke/withdraw the premium deferment scheme;

B. Restrain the Respondent from taking any coercive action pursuant to such revocation of the premium deferment scheme;

C. Grant ex parte ad interim orders in terms of Prayer A above;

D. Pass such further or other orders as it may deem fit and proper in the facts and circumstances of the case."

2. It is the case of the petitioner t

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DELHI HIGH COURTV.KAMESWAR RAOIRB Tumkur Chitradurga Tollway Limited – AppellantVersusNational Highways Authority of India – Respondent

DELHI HIGH COURT
V.KAMESWAR RAO
IRB Tumkur Chitradurga Tollway Limited – Appellant
Versus
National Highways Authority of India – Respondent